2020
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Amadu JSC authored the Supreme Court’s decision in a long-running land dispute over Adjiringano-North, Accra, between a company linked to Baron Ernesto Taricone and a developer claiming under the Nungua Stool. The High Court found the disputed tract to be Nungua Stool land, dismissed the plaintiff’s claims (including possession, trespass, injunction, and cancellation of Land Certificate No. TD 0042), and upheld the 4th co-defendant’s title to 39.59 acres. The Court of Appeal largely affirmed and nullified the trial court’s possession order for failure to amend reliefs. On further appeal, the Supreme Court struck out several inadequately formulated grounds under Rule 6(4)–(5) of C.I. 16, upheld the nullity of the possession decree because amendments were not properly filed, and rejected fraud allegations for lack of proof under the Evidence Act. It affirmed that registration is not proof of title and that a memorandum of understanding conveyed no interest or estoppel, but set aside only the lower courts’ reduction of the plaintiff’s lease to 50 years. The appeal was dismissed subject to that narrow variation.
AMADU, JSC:-
(1) This appeal is from the decision of the Court of Appeal pronounced on the 18th December, 2014 which affirmed in part the judgment of the High Court dated 11th June, 2003. For purposes of convenience, the parties to the appeal shall be referred to by the same description as in the Trial High Court. The Plaintiff herein, aggrieved by the decision of the Court of Appeal has appealed to this court seeking an overturn of the decision.
(2) The key question for our decision in this appeal is whether the Court of Appeal correctly reevaluated the evidence on record and applied the relevant law and consequently came to the right conclusion by affirming the judgment of the Trial Court in part only.
(3) BACKGROUND
By a Writ of Summons issued on 24th February 1999 the Plaintiff commenced this action against the 1st Defendant for the following reliefs:
a. “A declaration of title to a parcel of land situate at Adjiringano-North, Accra comprising an approximate area of 456.25 acres the full description of which were provided in the statement of claim.
b. General damages for trespass.
c. Perpetual injunction restraining the Defendant, her assigns, privies or workmen from interfering with the quiet enjoyment of Plaintiffs land.
d. An order that Land Certificate No. T.D 0042 recorded in Land Register Volume 019 Folio 28 issued in the name of the Defendant Company be nullified and expunged from the Lands Register on ground of fraud, misrepresentation and, or mistake.
e. Costs.”
(4) The Plaintiff, a limited liability company registered under the laws of Ghana averred that one Barone Fiore Ernesto Taricone by four separate leases acquired a vast parcel of land situate at Adjirigano, Accra. The Plaintiff asserted that the said acquisition was made from the Ashong Mlitse Family of Odarteitse We of Teshie, Accra. The Plaintiff gave the size of the land it is claiming in the action as 1,863 acres and stated that are Barone Fiore Ernesto Taricone acquired same in 1977 for a term of (99) years. It added that the land was duly registered.
(5) The Plaintiff averred that the said Barone Fiore Ernesto Taricone assigned the unexpired term of the lease on the said land to it (Plaintiff) in 1979. It is the case of the Plaintiff that the Deed of Assignment evidencing same was stamped as No.AC 2420/79 and registered as No.2757/97. It stated further that in 1987 it surrendered about 1433 acres of the land to the Ashong Mlitse Family and kept only 456 acres to itself